HomeMy WebLinkAboutgr00090_000048_pg309November 27, 1978 Page 8
Councilmember Baumgartner stated that he feels Council erred when it
did not have such a hearing, but that Council is now striving to allow
full citizen participation.
Mr. Dickson stated that MTC would direct drivers to abide by a 20 mph
limit on this segment.
MSP (Baumgartner- Hodges) to retain existing routing of MTC buses on
Ardan /Spring Lake Road alignment.
MSP (Ziebarth- Hodges) to amend motion to include study of the proposal
for a new alignment alternative on Sherwood /Groveland /Ardan /Spring Lake
Road. 3 ayes
Amended main motion passed.
9:52 PM Acting Mayor Hodges recessed the meeting.
10:02 PM Acting Mayor Hodges called the meeting back to order.
Councilmember Ziebarth stated that he will attend the January 10
Conference for Elected Officials by the Clean Air Committee. He
prefers that the State Implementation Plan (SIP) News would be best
kept at city hall for reference by others.
Councilmember Baumgartner stated that a Planning Commission meeting
is scheduled this Wednesday. It conflicts with RCLLG meeting which
has election of new officers and cable tv on its agenda. He asked
that another councilmember attend the Planning Commission meeting so
that he can attend the RCLLG meeting of which he is a voting represen-
tative. Acting Mayor Hodges stated he would attend the Planning Com-
mission meeting.
2 ayes
1 nay
Attorney Meyers stated that Ardan Avenue is strictly a city street and
consequently the Council can exclusively regulate the speed limit there.
He stated that he has recommended the city demand $31,500 as a settle-
ment of the Walijarvi negligence lawsuit, while the defendant's attorneys
have offered $25,000. Since major legal expenses could be avoided if
legal proceeding could be avoided, he requests Council direction. He
noted that the city will have to pay expert witnesses and legal fees
for preparation and trial to pursue the city's claim in a lawsuit. If
we proceed, there is a degree of risk that we could lose the case or
have a finding of contributory negligence which would nullify or reduce
any award of damages. He stated that we are probably at the point where
the city must accept the offer of $25,000 or proceed with the preparation
and trial of the lawsuit. He estimated that if we proceed through trial
it will cost about $6 -7,000 additional. Depositions are set for Wed-
nesday morning, so Attorney Meyers desires Council direction tonight.
MSP (Baumgartner - Ziebarth) to authorize Attorney Meyers to negotiate a
settlement of the Walijarvi lawsuit for $25,000 and preferably to be
paid in one lump sum.
3 ayes